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(영문) 대구지방법원 2016.08.10 2016노144

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant E’s Defendant was guilty of all of the facts charged of this case, even though he did not inflict an injury by her blicking the victim E’s her blick, or her blicked the victim F by her blicking the victim F, the lower court convicted him of all of the facts charged. In so doing, the lower court erred by misapprehending

B. The sentence imposed by the prosecutor (two years of imprisonment with prison labor for a period of ten months probation, two years of protection observation, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant is deemed to have good Gain and her age at the front of the D cafeteria located in Daegu Suwon-gu, Daegu-gu, on February 4, 2015, to the Defendant E, who is the first-faced victim E in front of the D cafeteria.

”라고 말하였고, 이에 위 피해자가 “ 아저씨는 나이트에 들어갈 수 없는 나이이고, 아빠 뻘 되는데 그런 말 하지 마세요.

“After speaking, the above restaurant was adhered to the table of the above restaurant, followed by which the knives of the above victim were laid, and the knives of the victim were laid in one time more than once, thereby causing the victim’s scam impairment and scam which require approximately 2 weeks of treatment, etc. In the above time and place, the defendant used the victim’s scam, which is a dangerous object on the E knives, such as the beer, the victim F, etc., who did not scam even after the victim’s assaulted E for the above reasons, and the scam, the scam, glass, etc., which is a dangerous object on the E knives, and the scam is sufficiently recognized.

Therefore, the defendant's assertion is without merit.

B. In light of the following: (a) the Defendant did not appear to deny and reflect his own criminal act; (b) the Defendant has been sentenced to a fine of the same kind of violent crime; (c) twice a suspended sentence; and (d) the motive and method of each of the instant crimes; and (c) the nature of the crime is bad.